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Pravesh Kumar Singh v. State Of U.P. And Others - WRIT - C No. 21959 of 2004 [2004] RD-AH 286 (4 June 2004)


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Court No.1

Civil Misc. Writ Petition No.21959 of 2004

Pravesh Kumar Singh Vs. State of U.P. and others.


Hon'ble V.C. Misra, J.

Heard Shri R.P.S. Kashyap learned counsel for the petitioner and Shri S. Tiwari learned counsel representing Bank-respondent no.4.

Learned counsel for the petitioner has prayed that he is ready to pay the entire dues but due to financial hardship, he is enable to pay the whole amount and wants that easy instalments may be fixed. Learned counsel for the respondent-bank has no objection, if the fresh instalments are fixed provided he makes the payment. The learned counsel for the petitioner has offered to deposit Rs.10,660/- within one month and thereafter the balance amount shall be paid in 4 equal quarterly instalments with the concerned bank. Till then the impugned citation notice dated 5.1.2004 (annexure-3 to the writ petition) may be stayed.

It is made clear that in case the petitioner commits any default in making the payment as aforesaid, the respondent no.4-bank shall be entitled to recover the same in accordance with law. During the aforesaid period of instalments, the recovery citation dated 5.1.2004 shall remain in abeyance. However, it is made clear, that, in case any default is committed then the entire balance amount shall become recoverable through the impugned recovery certificate.

Let a certified copy of this order be made available to the learned counsel for the petitioner on payment of usual charges.

With these observations, the writ petition is finally disposed off at this stage.

June 4, 2004



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